Exxonmobil Chemical Patents, Inc. v. Rogan

44 F. App'x 471
CourtCourt of Appeals for the Federal Circuit
DecidedJuly 31, 2002
DocketNo. 02-1339
StatusPublished

This text of 44 F. App'x 471 (Exxonmobil Chemical Patents, Inc. v. Rogan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Exxonmobil Chemical Patents, Inc. v. Rogan, 44 F. App'x 471 (Fed. Cir. 2002).

Opinion

ON MOTION

LOURIE, Circuit Judge.

ORDER

The Director of the Patent and Trademark Office moves to dismiss ExxonMobil [472]*472Chemical Patents, Inc. et al.’s appeal because it is from a nonfinal order. Exxon opposes.

On reexamination, the Patent and Trademark Office (PTO) canceled the claims of Exxon’s patent. Exxon filed a civil action in the United States District Court for the District of Columbia pursuant to 35 U.S.C. § 145. Exxon alleged that the Board improperly based its rejection of the patent solely on prior art which was before the PTO examiner during the original examination of the application, and that the reexamination should have been terminated because the cited prior art did not raise a substantial new

Accordingly,

IT IS ORDERED THAT:

(1) The Secretary’s motion to dismiss is granted.

(2) Each side shall bear its own costs.

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Bluebook (online)
44 F. App'x 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/exxonmobil-chemical-patents-inc-v-rogan-cafc-2002.